Connect with Us

State Capitol News

3:10 pm

Mon June 7, 2010

New Ruling Adds New Meaning to The Right to Remain Silent

Phoenix, AZ – Under state law, if you're arrested for drunk driving police willask you to provide a blood, breath or urine sample. If you agree,the test is given. If you refuse, there is no test. But under thestate's so-called implied consent law, that refusal means youwill automatically lose your drive's license. This case involvesblood taken from a motorist who spoke no English. Officers saidthey gestured to him and made it clear they wanted his blood.More to the point, they said he offered no resistance. A trialjudge said the record showed he didn't specifically refuse thetest, so he must have consented. But Justice Scott Bales writingfor the unanimous court said the law doesn't work that way. Balessaid the purpose of implied consent is giving officers the rightto seek your permission for a test -- but a right that isconditional on your consent. He said nothing in the law permitsblood to be taken from a person absent either that explicitconsent or a search warrant which has to be obtained from ajudge. Bales said none of that undermines the purpose of drunkdriving laws which is to keep dangerous motorists off the road.He said anyone who doesn't give that explicit consent when askedloses the right to drive. That happens automatically. And nothingin this new ruling changes that. For Arizona Public Radio this isHoward Fischer.